RAM SAKAL RAI @ RAMESHWAR PANDIT SON OF SHEO NANDAN RAI @ SONELAL PANDIT Vs. STATE OF BIHAR AND PRABHAKAR PRADHAN SON OF LATE JAGANNATH PRADHAN

JUDGEMENT

(1.) Heard learned Counsel for the petitioner, Additional Public Prosecutor for the State and Sri Ashok Priyadarshi, learned Counsel for the opposite party No. 2.

(2.) This is an application under Section 482 of the Code of Criminal Procedure, seeking quashing of First Information Report of Samastipur Sadar P.S. Case No. 398 of 2002, G.R. No. 1207 of 2002 dated 04.08.2002 lodged by opposite party No. 2 under Sections 420, 465, 466, 468 & 471 of the Indian Penal Code.

(3.) The main contention against the First Information Report of the learned Counsel for the petitioner is that with respect to same offence twice jurisdiction of criminal Court was invoked by one Ram Sakal Rai, but ultimately he lost the battle and thereafter, the opposite party No. 2 has got the case instituted, which is not at all maintainable. On the other hand, learned Counsel for the opposite party No. 2 submits that it is entirely a different matter, serious offences have been committed against the employer by joining in place of another impersonating himself and after through internal investigation the case has been lodged. There is no apparent and valid reason to quash the First Information Report. Learned Additional Public Prosecutor is also of same view.